SENTENCE OUTCOMES

The following information relates to sentence outcomes for defendants heard in the Children's Courts. Sentence refers to the principal sentence a defendant received (refer to Explanatory Notes paragraphs 45-47 for further information).


Custodial orders

Of the defendants convicted in the Children's Courts in 2009-10, 3,036 (9%) were sentenced to custodial orders. Defendants ordered to serve time in a correctional institution comprised 5% of all sentence outcomes, while defendants sentenced to custody in the community accounted for 2% and those with fully suspended sentences almost 3%.

The proportion of defendants proven guilty receiving a custodial order varied across states and territories. The Northern Territory (18%), Tasmania (16%) and New South Wales (15%) had the highest proportions of defendants proven guilty receiving a custodial order and Queensland had the lowest (5%) (Table 4.7).

Over one third (34% or 401) of defendants convicted of robbery and extortion were issued with custodial orders. Other offences with relatively high proportions of custodial sentences were sexual assault (22% or 68), acts intended to cause injury (17% or 1,051) and unlawful entry with intent (17% or 699). The majority of these defendants were sentenced to custody in a correctional institution (Table 4.7).

Custodial orders were issued to 11% of convicted male defendants and 4% of female defendants.

Defendants aged 19 years and over at the time of finalisation were the most likely to receive a sentence of custody in a correctional institution (7% or 64). Those aged 10-12 years were the least likely (1% or 5) to receive a sentence of custody in a correctional institution (Table 4.8).


Non-custodial orders

During 2009-10, 90% (28,802) of defendants convicted in the Children's Courts were sentenced to non-custodial orders. Defendants who had community supervision or work orders imposed comprised 27% of all sentence outcomes, while those with monetary orders accounted for 18%. In 2008-09, community supervision or work orders comprised 26% of all sentence outcomes and monetary orders accounted for 23%.

Defendants proven guilty of unlawful entry with intent were most likely to be issued with a community supervision or work order (47%) followed by acts intended to cause injury (35%). Defendants proven guilty of traffic offences were most likely to be issued with a monetary order (50%) followed by dangerous or negligent acts (41%).

Of the 25,425 convicted male defendants, nearly a third (28%) received a community supervision or work order, while 18% received a monetary order. Sentences for convicted female defendants were similar to males: 25% received a community supervision or work order and 17% received a monetary order.

The proportion of convicted defendants receiving community supervision or work orders generally decreased with age, from 39% of 10-12 year old defendants to 15% of those aged 18 years and over. Older defendants were more likely to be sentenced to monetary orders; 37% of those aged 18 years and over received this order compared to 2% of 10-12 year olds.

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